How / is a National Health Service unconstitutional? (user search)
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  How / is a National Health Service unconstitutional? (search mode)
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Author Topic: How / is a National Health Service unconstitutional?  (Read 1160 times)
Jay 🏳️‍⚧️
trippytropicana
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« on: October 27, 2018, 09:25:39 PM »

My question rests basically on if a national health service like the United Kingdom has (or most other liberal capitalist democracies) would be unconstitutional. I was told by a friend that it would be "wildly unconstitutional", but I'm not sure of how / where in the Constitution that would apply to a nationalized service. I'm looking for a somewhat legal (yet hopefully human readable) explanation for it! Thank you!
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Jay 🏳️‍⚧️
trippytropicana
Jr. Member
***
Posts: 637
United States


Political Matrix
E: -2.06, S: -4.00

« Reply #1 on: October 28, 2018, 07:48:05 PM »

It has to do with the principle of constitutional principle of Federalism -- the idea that the federal government is not constitutionally allowed to pass any legislation it wants to pass, but has to be confined to its enumerated powers. This idea is cemented by the Tenth Amendment (and, to people like me who understand the original intent of the Ninth Amendment, that amendment cements the concept too). The federal government was delegated only certain, enumerated powers by the Constitution, and if Congress passes a law that is not within those enumerated powers, then that law is unconstitutional. (I think the only reason somebody says "wildly unconstitutional" is for dramatic effect.)
[...]

He's actually a socially conservative leftist, and he believes they're unconstitutional because Congress doesn't have a Constitutionally defined right to create a health service, but regardless of his opinion, a health service a la the UK is permissible under current Supreme Court decisions, and would require just an extension of Medicare? Either way, thank you so much for the explanation of some legalese.
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